The Sun. — London, England, 1809-07-22 00:00:00

PRIM; 01 7 STOCKS THIi-UAY.AT TWELVE n'ct,oCK. Consols - 671 1 Red. Ann. 6SI I Omnium i`pr. TE.I E S UN. 401.11i4 AUDIAT ? L 0 ND 0 X, SATURDAY, JULY 22 ) Hog. We have this day to lay before our Readers the '2 t h and 26th Bulletins of, the French Army, and though the intelligence they contain is undoubtedly Of a most disastrous nature, yet it does not appear to us, from the most minute consideration which pie itaire been able to give to these details, that the'a;:r feat of the Austrians was so complete as we were at. first led to believe. It appears that BOONAPARTE' Upon this occasion had recourse to his old and fa vourite manceuvre, of forcing the centre of 'the Enemy's line, and if we may believe his own account, the Archduke CHARL,E3 facilitated BUON APAnTE'S Obj ea by strengthening his wings, and weakening his centre. But though the French are stated to have forced the Austrian centre to retreat, we do not find that it was broken, and_ we are strongly in clined to think that the Austrians were completely suctessful in the flanks ; but the retreat of the centre rendered the retreat of the whole army necessary. The Bulletin does not state that the Austrians " fled like dust," but that they retreated ; and it is ob servable, that though the Austrians were said to retreat " in disorder," yet the French did not at temptito follow them ; for we are told that the Aus= trians began their retreat ih the afterdoon, and before dark they were out of sight. Indeed, when BUONA PARTE wrote the 25th Bulletin, he does not appear to have known that be had obtained a viaorv, for be commences the 25th Bulletin ,by stating, as a Piece of important information ) , that the ," Enemy's retreat is a defeat." With, respea to the loss of the Austrians, it is stated to be enormous, but we are tolerably well acquainted with BUONAPARTE'S mode of computation, and may therefore safely make very considerable 'deduaions from his . statement. The loss of the French is said to be 1500 killed, and 4000 Wounded. • In the Battle of Aspern, BUONAPARTE Stated his loss at 1i Oo killed, and 3000 wounded, but we know that he lost above 40,000 men, and ttiere can be no doubt that he has, upon this oc tasions very Much under-rated his lots. But though BiJoivApiwi E may have exaggerated the loss of the enemy, and diminished his own, therecan be no doubt iliat the _Atlgtrikins have sustained a serious defeat; upon that point their retreat leaves no room for doubt. We fear that some dapi will elapSe before We can receive the Austrian account of *thit unfor tunate battle. YesterBay morning his Royal tlighness the Duke of Yoak left town for Windsor. Alter passing se veral hours with his MA3ESTYi his .lioyal Highness returned to town in the afternoon, and entertained a seied party to dinner, at his Louse, Stable-yard, St. James's. 'Yesterday their Royal Highnesses the Dukes of CUMBERLAND left town on a visit to their MAJESTIES at Windsor. Prom a Captain of a VesSel who has been a pri sOrier for two years at Valenciennes, and who landed Wednesday at Deal, we have, received the fol lowing important information. He came down the Scheldt from Antwerp, , where he saw seven sail of t he line upon the stocks. Below Lillo there are, in one part of the river, seven sail of the line, in ano.. Cher three. These shipS have their guns and corn- Plernent of men on bOard. Their chief deferie6 is a battery of twelve heavy pieces of cannon, manned by the marines belonging to the fleet, a flambe? of g -In-brigs, and some lugger-rigged gun•_boats. At Hushing there is one frigate, fifteen gun-boats, and a ' l ne-of-battle ship, upon the stocks. The garrison at F lushing consists of two regiments composed m (* it of Prussians, and an Irish brigade.. At Antwerp there are a good many conscripts, the conscription of i 8 10 having been already called out. Our informant, however, states, that in Flanders there is no particular stir or bustle, nor did they seem to entertain any apprehensions of invasion ; he describes the people, however, as holding Bnot4A- I'AIITE in the utmost detestation. , Yesterday evening, Guy and BASSEt, King's Mes sengers, left tots n for Portsmouth, to attend the Marquis of WELLESLEY to Spain. We are favoured with some information from the Azores, by a Gentietnan who was a passenger on board the American ship Sara 4, which- was wrecked he the I s l e of .!Inglesea. Atter the modification of • Eldbar go Laws - in the United States, by w it was atlow-ed to the Merchants to ship goods to : every other country' excepting Great Britain, France, aryl their dependencies, a great port i on o f the sur;•-• PAII3 produce- of the Republic was sent .to-,44tr. A zores. It was expeEted that British shipping 7 . 0u1d visit these Islands, and purchase the commo-. tits there &posited st advantageous prices; but the nogociation with Mr. ERSKINE gave a different tura to such speculations, and almost all-the ship ping in the Fayal Roads proceeded -to Europe to dispose of their cargoes. The consequence has been, that the Azores have been emptied of aII the pro duce that was poured into the storehouses during tlje short interval that the qualification of the Embargo 1,3N4 'Continued. • His MAJESTY has been most graciously pleased;" by his Order in Ceuncil, td allow a pension of tool:, per annunt, during life, to Mrs. TamPLK, widdw of the late Captain TEMPLE, N ho was unfortunately drowned, with upwards of 200 of the crew, when th e Cresco / if frigate was wrecked. Ott the coast of Ai/4114331k, NAVAL NEW S. DOVER, J&LY 20.—The Per'/21/a7/ sloop of war, picked up this morning, half seas ove'r,.a cask of ifulletins, dated the gth instant; the substance/ of ... Aid) states, the Austrian army to have been totally iLF oefeated, nay even annihilated. A number of transports passed by this morning, having on board the German Legion, Jcd 14th Dra= goons. MARGATE, 317 LY 21,—The ships 'of war and gun boats are all gone round the land, siipposed into the Downs, as arealso the transports; so that our Roads are now clear. PORTSMOUTH, 'JULY, 21.--Arrived this morning ,the °brig; Favourite, from Oporto, laden with wine, for London ; also the William, HASTLER, from Lon don, for Madeira, laden with merchandize, very leaky, and, in consequence, she it obliged to come into the harbour, in order to discharge part of her cargo. , The Narcissus frigate, which has arrived at Ply mouth from Martinique, brings very satisfaelory accounts of the state of affairs in that island; where, it is said, an expedition is fitting against Guada loupe. Governor MAITLAND is now on his way to Eng land, from Gienada, having received his MAJESTY'S leave of absence, on account of the state of his nealth. Previous to iris departure, he received addresseS from the Council and House of Assembly, abounding in expressions of respeet • zind admiration, and in just tributes to his abilities and integrity evinced on so many impOrtant occasions. The Marquis of WELLESLEY has set out, we un derstand, for Portsmouth, from thence to embark for Spain. Lord MULGRAVE, Mr. CANNING; and some of the Lards of the Admiralty, embarked yesterday morning at Woolwich, on board the Navy Yacht, which has been prepared for their 'reception, and proceed to the Note„ and then to the Downs, to attend the sailing of the ExpeditiOn. The island of Walcheren is one of several lying at the mouth of the Scheldt, of which the province of Zealand is altogether composed. Walcheren is the most considerable of these. It is not very large, being only thirteen miles in length and eight in breadth. But its population is very great in propor --tion 'to its extent : it is fruitful and well cultivated, ...though it lies very low, and is subjeti to inundations. The town of Middleburgh, which is the capital of the province of Zealand, is supposed to contain 25 or 26,000 inhaliitrAts, is very, flourishing, and has a considerable trade. It is situated more to seaward than Flushing, and has nu strong fortifications. — Flushing, which is about four miles south from Middleburgh, on the channel trom the sea to the river. is also a populous and flourishing town. It had been even nntier the ancient Dutch Government a naval station, and has acquired additional import ance in that chatader, since the annexation of the Netherlands to France, and the consequent open ing of the Scheldt, and the constru6lion of docks and naval arsenals at Antwerp, with a view to make: that river the pri;icipal station and depot of - the northern division of the French fleet. • • Mister Yea-and-Nay COBBETT being pronounced guilty of contumacy, in baying refused to plead to to his indidment for ABSCONDING and leaving his oath behind him, has been condemned to the antient punishment called pe ine forte et dure, add is now expiring under all the tortures of the 'Pres . st. CAUTION.--A large Hower-pot yesterdity fell down from the garret of a house near the New Church, in the Strand, but fortunately without doing any mis chief. It is to be hoped that this circumstance will induce many persons in the metropolis to be more careful of their rural decorations. A wedding last week took place in the neghbour hood of Chelmsford, where the Lady, in the course of the last twelve months, has brew twice a bride, once a widow, and has had two children at a birth. A shocking murder was committed on Tuesday night, on the road leading from the village of Pepper, New Forest, Hants, to Goring, by two fellows, on the body of a Smuggler, who was conveying some property in a tilted cart, in company with a little girl his daughter. The ruffians demanded the man's motjpy, but having a quantity of guineas about him to convey to Portsmouth, he refused compliance With the robbers' request, when they beat him with bludgeons until he was deprived of life, and got at his property, leaving the little giA bound in the cart, and atter taking off the horses,a,l turning them loose on the Common, the villains Tecamped. On Wednesday morning, is one of the stage coaches was coming down Ospringe-hill, near Can-, terbury, the fore-wheel unfortunately broke, which occasioned it to immediately overturn, and. cau4ed the following melancholy disaster :—One of the out side,pasengers, who was respeaably dressedjearing the result of the.accident,' attempted to jump from,. the roof, and unfortunately broke his 'neck ; he of course was taken up a corpse, and remains at Os pririge without. any tidings as to his nanie . or situa-, tion, having no papers about him which can in any degree lead to a discovery. Another of the Passen gers had his leg broken, and a third ‘s as -very much bruised : the inside passengers escaped without in . jury. Oa Wednesday last the following distressing oh:- cumstance occurred at' Dillon,. near Long. Sutton, incolnshire :—As the Rev. Mr. Wright, curate of I„the latter place, was returning from Lutton, in the, . . evening, where he, had been burying a corpse, he was violently attacked by a bull, which' was grazing in a pasture through which the foot road to the __ __ church passes,, and was so dreadfully gored by .the furious animal, that for some time his life was de spaired of. Last Sunday night the house and offices of D. Ximenes, Esq. of Havering Grange, near Pt&nford, Essex, were broken open, and a large quantity of plate, money, Iwo great coats, and sundry other ar ticles were stolen, together with a -gig and harness, out of a barn; and a pair of coach-horses out of a meadow. A young man of the name of French shot himself through the head,, in the Park, on Tuesday last. He was found with the, pistol in his, bawl with his head dreadfully shattered.' A Coroner's Jury brought in a verdict of Lunacy. 4', L. 477/ REPOIT COURT OF KING'S, B ENCH, juLY ' VAUGHAN V. GORDON_AND OTHERS. ,This•was an ad on broOght by Mr. John Taylor Vaughan, of Lloyd's C6ffec-house; to recover from the Decenclatits - the balance . of his account for pre- It appeared that the voyages under Written by. the Plaintiff were illegal Voyages, and that the licenses upOn which they were undertaken Were illegal also, as Contravening the Navigation A&, and nut beink aut horised' by the 45th of the King. The Defendants resisted tlie payment of these premiums, because the Plaintiff had availed hiMself of the illegality of one of the licenses in ques tion, ;to excuse ,hiinSelf from .paying a 'fair loss upon. the ship Neutrality, after all the under writers except himself, and two or three others had paid it. ' The ATTOitNEY-GENERAL remarked upon the un fairness Of the Plaintiff's conduct, in endeavouring to recover premiums for such risks, as he declined to pay a loss ep o h. He said, he apprehended Mr. Vaughan was " a v e ry un j us t man, reaping where he had not sown, and gathering ,where he bad not strewed.," He took that to be a corre& repreienta lion of an underwriter, who wanted to get his pre miums, and who would not pay his losses. They had heard that morning of a rapacious gripe, in the course of a cause respecting the sale ott offices the Jury woultisisy how far that obServation applied to the Plaintiff. Mr. Vaughan had put a great deal of money into his pocket in the. shape of pre- IniUMS, for insuring risks for Messrs. Gordon and 'Murphy, who had ca4ied on the trade of sending out manufaclures from this country to South America and bringing home the produce of South 'lssnestica to England. But that ceuld , only be done by licenses. There had been trials, and Mr. Vaughan had been refusing payment, avail ing himself of the illegality of one of those, licenses. It was not till the ship'Neutrality was lost, that Mr. Vaughan' was called upon to pay any thing ; and then he became squeamish and sick, "exceedingly sick, even unto death." Then, for the first time s this shipwrecked charaEler discovered, that it was illegal for a subjea of this country to export goods to an enemy's country, and to import from that coun try into Great Britain. He s found out, that the King could not.grant•licenses so as to cfsturb the Naviga tion A& ; and that he was a very wicked Man who endeavoured to violate that A&. Mr, Taylor Vaughan, no doubt, prayed for the presertation of the NaYigation At - t every Sunday when. he Went to Church, because it saved him a treat deal of money. He had no objeaion to take the premiums, but he Was too'conscientious to commit the sin of paying the loss on the Neutrality, though it had been com mitted _by all the underwriters on the' policy, ex cept by : Mr. Taylor Vaughan and two or three others.. The Defendant's language Was—" I, the .under writer, did undertake to pay you, Messrs. Gordon and Murphy, 3001. in eonsideratidn of your having paid me the premium, or on your undertaking to . pay it. Your ship, the Neutrality, set out un a voyagres4rom Spain to Vera Cruz, with liberty to. touch at the Havanna!) ; and provided she should be lost, I, Mr. Taylor : Vaughan, undertook to make good the loss to you.- The ship ,was unfortunately lost, and my conscience tells me this was a voyage and a trading with the enemies of our country; and God forbid I should assist any body to do a thing so wicked. And -though the King b'y his license, , thought he bad been able to permit me to do this, yet my conscience will not allow me to pay a loss contrary to the MI) Of Charles the Second; chapter gth. • This license was not worth a farthing, an d my conscience will not permit, me "to pay.' Such was the ground on which the case was first argued. Another obje&ion that was made to Messrs Gor don and Murphy was, that they had not corn- plied with -the terms Of the licence. The voyage was from Barcelona,' in. Spain, to Vera Cruz, and those gentlemen were to send out a certain quantity of British manUfaCtures, which, in truth, became impossible, and they were to bring home dollars for his Majesty's' setvice. Mr. Vaughan having suc ceeded in resisting the payment of the loss on the Neutrality, had now brohght this action for the pre miums on insuring it., The Learned Counsel enter tained no doubt that every thing which hehad stated of Mr. Vaughan had been communicated to' that gentleman by his own Counsel.' The grounds on which the Attorney-General insisted that the Plain tiff had made out no case were, first, that the po licy which Mr. Vaughan had subscribed was illegal ou the face of it; being for a voyage from Barcelona to Vera Cruz, with liberty to' touch at the Ham ' nab, and to bring home property from that place ; this voyage was/illegal for two reasons; first, be- Catlse it was a trading with an enemy; and, in the next place; because it was bringing home, in fo reign' ships, that which could only be brought into this country in British bottoms. . All the ships on which theie policies 'were effeaed were either Ame ricans or Danes. • Mr. ATTORNEY-GENERAL took another obje&ion; ,which was, that the policy itself made no stipulation fOr a license, and therefore it was void, because it purported to protea those gentlemen without a It= cense as well as with one. Lord ELLENBOROUGH Observed; that that point ; to a certain degree; was new, and asked the Learned Counsel ; on both sides, whether, they were willing that the question should be reduced to that point. The Learned Counsel observed, that that great point never was argued; and agreed to put it into the form•of a case, for the consideration of the Court of King's Bench. , Lord ELLENBOROUGH thought it. a very. material poitit,_and the question would be,- supposing a policy to be effected in the common terms,. iat a certain premiuM, which on the faceof it was a void risk; as contravening ,the Statute, whether that ,Might be made a good policy. by any thing that could te done subsequently, but prior to the commencement of the adventure. That would be the question for"the con sideration of the Court. The Lady whom we mentioned yesterday ag.hav ing, in the year 1758, rode a thousand miles in a thousand hours, was Miss Pori:), the daughter of Mr:POND, fornierly well known-on the turf o and publisht7 of the Racing Calendar. This event was the subject of one of Dr. JonNsoN's early papers 'in his idier„published in the same year, and which is Wiitiva with admirable 12.0mour and • A ,A 1 ;INCHES' „ AS4 ZES, • - • : „,r M R r. OA . OLEE 'as Junior CounseVor the Plaintiff, opened the pleadings, by stating, th4obis_vv?s. at) ac:;tion of assault and raise imprisonment broUghtAkafnst William Cobbett, and John Dubber, The Plaintiff laid his damages at 1 . 0001.. to, the Defendants had, pleaded. the general wherefore' issue was joiued. Mr. BoxOuon, as leading Counsel for the Plain ,. tiff then proCeeded to state his case nearlyas fola lowa' Mayit please your Lordship ;. Gehtleinen • a . the Jury : 'You have heard - from my Learned Friend', who has just opened the pleadings to you, the 'nature of this action, and against whom it is brought. Mr. Cobbett is a Gentleman of aconsiderable,fortune, fe a siding some few years at Botley, in thiscoiatity. believe Gentlemen; he is well known to you ail , ; the other two Defendants are blaaksmiths by trade. Asiett is a constable at Botley, and Dubber is the thlling-man of. that place. Mr. Cobbett, well known from his political writings, is a zealous advocate for the liberty of the sUbjeat; a great reformer and Correelor of abuses,. but particularly of those in authority. The Plaintiff is a very poor .man, who has availed himself of the . privilege of the happy Constitution of thia country,which leaves the doors ofjostice open, as well Lb the tenant as to the richest subjea of the realm, by suing as a poor man arid the choice of, his Counsel, to bring his cause forward before you this day, at as little expence as possible, haS 'fallen upon My. Learned Friend and myself, who are to seek at your hands; reparation for as gross an injury as' ever was made the subjeEt of consideration in a Court of Justice.-- The complaint he makes is agaiust three persons; who have imprisoned him, insulted him in the most gross and opprobrious terms,' kept him in custody for forty-eight hours, dragged him and his aged mo.. ther several miles from their home, and when at last discharged, obliged them to walk borne several miles in the dark, at a late hour of the.night ; and I am sure, Gentlemen, when you have heard the whole of this case detailed to you in evidence,you will not heSitate so give this poor man considerable compen sation in damages. Gentlemen, 'he has a larger fa mily to support ; he is a labouring man, in the ser vice of Mr. Goodland,. a Gentleman of respetlabi lity and fortune, a Magistrate of the county; residing in the parish of Dioxford, and has always been, a man of . good conduEt and: charaEter. It happened that, in the month of December last, Mr. Cobbett took Jesse Burgess, a brother of the - Plaintiff, then a boy about t 5 years old, into his service. Some time in the month - of February following,, the boy went home to his mother„ who lived at Droxford, a few Miles from Botley, and complained 'that his master had swore at him, and treated him so harshly he could not live with him. The mother, howe a ver, sent him back to his service, telling hien she would go and talk to his master. The boy accord... ingly Went.back, but on the 2d or 3d of March ha returned home again at an early hour,and told his mo ther that he had eloped from his place, his master had so abused him he could not live with hiro'nny longer,' A warrant was issued on - the folloWing day to apprehend the boy, Mr. Cobbett having stated him to be a servant in husbandry, which, we'll see presently was . not the faze. Gentlemen, I will - not state 'to yon what passed upon that ,Occasion, or the language that was used; I shall not' endeavour to prejudice yohr minds by that which cannot be re— ceived, while, I have plenty behind to died all the three;' I shall therefore endeavour to abstain, • as much as possible, - from 'making any statement in which the' evideace will - not bear . me through. The boy being apprehended at his father's house, was broUght by'the Defendant Aslett to Botley, on the fol lowing day, to which place his mother and the pre 7 sent Plaintiff, his brother, accompanied him. They went to the Dolphin phblic-house, ,where they re mained all together the: rest of that night. The next morning the mother went to Mr.-Cobbett to speak to him in behalf of the boy : what he said upon that occasion will be - better described by the witness her self, when she shall be called. On her return to the Dolphin, the Defendant, Aslett, and the Tythirg man (who had previously joined therm) went away, and the boya;wasleft without any body but his mo ther; he, seizing the opportunity, took to his heels • and ran awayfriglitebed ; the mother; and her son, Wm. Burgess, the Plaintiff, proceeded on their way homewards, and 'were accompanied by Aslett and the Tything-man Dubber, as far as Mr. Cobbett'S house. I shall 'now, Gentlerrien, proceed to state what happened to William Burgeas and his motber, and which first gave rise to the present aetion. They were proceeding together 'along the -turnpike road on their way' home (Constable Aslett having gone into Mr. Cobbett's), but had not gone very tar when they heard the sound of horses feet after them, and, on looking round, saw Aslett and Dubber riding af ter them ; the first thing they then heard was one of them roaring out, " holloa ; stop, old vvi: man ! stop, you fellow ! take that old woman - into custody : I've got a pistol, and will shoot you:" and they immediately seized the old woman by the bonnet and hair of the head. The Plaintiff held up a stick, and said, if they touched his mother bewould knock them 'down ; be told them they had no au thority, and desired to know by ,what authority they shed in such a manner, ; they then, t bought proper to desert the mother, and seizing Williaria Burgess, snatched the stick out of his hand. , He agaitl de manded to know by what authority he Was sp seiz ed, when Aslett replied,'" if you must know, it is by order of Mr.,.Cobbett ;" and seeing two men coming across the Cotrimon; Aslett called out to them to aid and assist in the King's name, and then seizing the Plaintiff - by the collar, and usingvery ill language; he was proceeding to drag him along, the Plaintiff immediately (very naturalla9 ,kicked Aslett in the leg, whereupon the tything-man came up, and struck the Plaintiff in the breast,' which the other returned ; he was them seized, and as As i lett rode away, he desired Dubber to handcuff him if he was refraetory. They then, with the moat gross language and threats, which .I shall not repeat, dragged him along to' a public-house, called the Cricketers, about hallaa, mile further ot, and then 'kept him for about five hours a close prisoner. As lett came in abOiat two hours after his first being seized, and again laying hold of his collar, said he lutist go with him. The Plaintiff repeatedly re quested Rabe brought before his master, Mr. Good land, who ryas a Magistrate, but this was mot per mitted. And new, Gentlemen, I come to fi Mr.